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The Islamic Perspective on Child Custody
Divorce is virtually always a challenge in some way, whether for the spouses, their children, or everyone involved, even those on the fringe. "Custody" in Illinois is known as the allocation of parental responsibilities. Parenting time, designating one parent as the primary resident parent, and a comprehensive parenting plan are all part of the process.
The Islamic perspective on these issues ensures the welfare of the children while preserving the rights and responsibilities of both parents in raising their shared children. Islamic couples who are considering divorce can consult with an Oakbrook Terrace, IL family law attorney from Farooqi & Husain Law Office who has significant knowledge and experience in Islamic family law.
General Custody Considerations Under Islamic Law
Under Islamic law, the parent who will have custody is considered the child's right rather than the right of either parent, which speaks to the child's best interests. An Islamic judge must hear both sides of the custody issue to make a determination, but the mother has priority right under Islamic law over the physical custody of a minor child, up to a certain age, after the divorce if she does not remarry. If the mother chooses to remarry, she forfeits her right to custody.
What Triggers the Termination of Parental Rights?
Parents facing the termination of parental rights can be devastated and may need legal assistance to prevent the termination from occurring. Illinois courts generally do whatever they can to ensure that both parents remain in the child’s life—so long as it is in the child's best interests to do so. Many factors relate to the termination of parental rights.
Termination can be voluntary or involuntary, but one parent is not allowed to simply petition to terminate the other’s parental rights. Family law attorneys are experienced in the legalities associated with the termination of parental rights. If you are facing involuntary termination of parental rights, it is in your best interests to seek legal assistance from an Oakbrook Terrace, IL family law attorney from Farooqi & Husain Law Office.
What is Involved in the Termination of Parental Rights?
Parental rights can be terminated in the state in the following ways:
Estate Planning Mistakes That Can Result in Problems
An estate plan that is well-thought-out and professionally prepared can be an exceptional gift to those you leave behind. Unfortunately, the complexity of estate planning laws, along with the emotional issues associated with estate planning, can lead to mistakes if you do not have professional legal guidance. While most adults believe they should have an estate plan, far fewer actually have one.
The typical reasons for not having an estate plan are a life that is too busy, not knowing exactly where to start, a belief that estate plans are only for the super-wealthy, and an unwillingness to consider one’s own mortality. Yet if you have no estate plan, you risk leaving your loved ones in chaos and having assets go to those you would not have chosen.
If you are considering an estate plan, it is important to have knowledgeable legal guidance throughout the process. An experienced Oakbrook Terrace, IL estate planning attorney from Farooqi & Husain Law Office is ready to help you ensure your loved ones are taken care of in the event of your incapacity or death. Some estate planning mistakes you can avoid include the following:
Asset Division in an Islamic Divorce vs. Illinois’ Equitable Distribution
If you and your spouse are considering divorce, there are a number of legal and financial issues you must address. The division of marital assets is one such issue. This, and many other issues, can be extremely complex, often ending up before a judge. If you are facing an Islamic divorce, asset division issues can be even more complicated.
While a couple divorcing in Illinois must follow the state’s legal procedures for divorce, an Islamic couple may also need to determine how Sharia law will affect asset division. When you have an attorney who is highly experienced in Islamic divorce cases as well as Illinois marital laws, you can be sure your marital asset division will be done correctly. An Oakbrook Terrace, IL marital asset division attorney from Farooqi & Husain Law Office will be the advocate you need throughout the process.
Equitable Distribution vs. Community Property
Nine states in the U.S. operate under community property laws, which means all marital property is divided right down the middle. The other states, including Illinois, operate under equitable distribution laws, which means marital property is divided fairly but not necessarily equally. A judge will take many different things under consideration when dividing a couple’s marital property, including:
What Are the Primary Pros and Cons of an Irrevocable Trust?
While more than half of all adults in the United States believe that estate planning is important, only 33 percent of adults have an estate plan in place. In 2021, about 75 percent of those with an estate plan used a will, while almost 19 percent included a trust. As more and more people learn about trusts and understand the many benefits of a trust, that number is likely to increase.
Most people have at least heard of using a trust as a part of a comprehensive estate plan, and many have taken advantage of its benefits. The most common type of trust is a revocable living trust, which can be changed as needed or even dissolved entirely.
On the other hand, an irrevocable trust does not allow for changes and cannot be dissolved. An irrevocable trust's benefits and potential disadvantages are discussed in more detail below. If you have questions regarding whether an irrevocable trust is right for you and your situation, it is beneficial to speak to a knowledgeable Oakbrook Terrace, IL trust lawyer from Farooqi & Husain Law Office.
The Reality of Divorce Among Muslims in Illinois
Today divorce is a reality for many American Muslim families, yet despite impacting many families, there is very little data available. A 2020 survey from the Institute for Social Policy and Understanding looked at many issues that affect American Muslims, including divorce. The survey found that compared to others in the U.S., Muslims are as likely to be married but less likely to be divorced. Yet the legal process of divorce occurs among every demographic and is often complex and emotional for all those involved.
This may be particularly true for those navigating the unique laws and customs of the Muslim faith in the United States. If you are an American Muslim facing divorce and all the issues that go with it, it can be extremely beneficial to speak to an Oakbrook Terrace divorce lawyer from Farooqi & Husain Law Office. Our experienced attorneys have a unique perspective when assisting the Chicago Muslim community in understanding Sharia law and how the law intersects with their religious practices during divorce.
Estate Planning for Muslims in DuPage County, IL
For Muslims living in DuPage County, creating an estate plan that follows Islamic inheritance laws while complying with Illinois state law can feel like a challenge. Sharia law outlines specific rules for distributing wealth after death, including how much certain family members are entitled to receive, and without estate planning instruments, Illinois probate law does not comply with Islamic standards.
However, with careful planning, it is possible to structure an estate plan that honors your faith while still meeting Illinois legal requirements, such as the state's tax laws and probate process. An experienced Illinois estate planning attorney can guide you through balancing both legal systems.
What Are the Key Differences Between Sharia Inheritance Rules and Illinois Law?
One of the biggest differences between Sharia inheritance laws and Illinois law is how assets are divided among heirs. Under Illinois law, people can choose how to distribute their assets through a will or trust. They are generally free to leave whatever they want to anyone they choose. Sharia law, however, has specific guidelines.
Do Teens Adjust Better to Divorce Than Younger Children? | IL
You cannot expect a specific reaction from a child when his or her parents are going through a divorce and child custody is being determined. Every child is unique, and the family dynamics of every divorce are just as unique. The prevailing belief is that school-age to pre-teen children may need the greatest amount of support during a divorce. While this may be true, teens often receive the short end of the attention and support stick during divorce and may be feeling more deeply about the divorce than they realize.
Some teens also assume the role of the absent parent, which is rarely good for them (i.e., a sixteen-year-old boy becomes the "man of the house"). There are special considerations for teenagers whose parents are divorcing that may be overlooked. Choosing a strong legal advocate who has extensive experience in Illinois divorce laws and how divorce affects children can be one of the best steps you can take. An Oakbrook Terrace, IL child custody attorney from Farooqi & Husain Law Office can help ensure you and your child will get through the divorce in the best way possible.
Can My Spouse Quit His Job to Avoid Paying Spousal Support?
A common concern among those just beginning a divorce or coming out of a divorce is whether their spouse could quit a job to avoid spousal support. Of course, this question has many facets, and the answer depends on the specific circumstances, but judges generally do not look kindly upon a person who attempts to deceive the court.
If your spouse quit his job solely as a means of avoiding spousal support and perhaps obtaining a bigger share of the marital assets, it is important that you speak to an Oakbrook Terrace spousal support attorney. When you choose an experienced family law attorney from Farooqi & Husain Law Office you can rest easy knowing you have a strong advocate who will protect your rights during the divorce and after the decree is complete. Our firm has an excellent record of positive outcomes in our family law cases, which includes spousal support.
What Factors Determine an Award of Spousal Support?
The award of spousal support is based on many factors, including the receiving spouse’s need and the paying spouse’s ability to pay. Other factors include:
Can I Keep My Home After Getting a Divorce?
Getting a divorce involves many emotional and financial challenges, one of which is the question of what will happen to the family home. For many people, their home is not only a significant financial asset, but it is also a place filled with memories, and it is likely to have significant sentimental value. Understanding how home ownership may be addressed during the property division process can ensure that a person will be able to protect their financial interests and achieve their goals in a divorce. An experienced attorney can help divorcing spouses navigate this complex process and take steps to address and resolve concerns related to home ownership.
Addressing the Family Home When Dividing Marital Property
Illinois law requires marital property to be distributed fairly and equitably between divorcing spouses. In most cases, a couple’s family home will be a marital asset, and a couple will need to determine how it will be handled as they separate their lives and finances. If one spouse owned the home prior to the couple’s marriage, it might be considered separate property; sometimes, however, the home may have been commingled with marital assets, which can complicate the property division process. A lawyer can provide guidance on how to determine whether a home is marital or separate property and can ensure that home ownership will be addressed correctly when dividing marital assets.
We serve clients throughout DuPage County and Cook County including Oak Brook, Lombard, Skokie, Elmhurst, Hinsdale, Glendale Heights, Oakbrook Terrace, Burr Ridge, Downers Grove, Glen Ellyn, Carol Stream, Addison, Westmont, Chicago, Wheaton, Des Plaines, Bridgeview, Lombard, Villa Park, and Illinois.
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